What the panel ordered
The Appeals Board granted the Petition for Reconsideration, affirmed the Findings of Fact and Award except amended Finding 1 to clarify the injury arose out of and in the course of employment under Labor Code section 3600, and deferred the issue of whether Gava Talent Solutions LLC was the employer at the time of injury.
Defendant employer Avellino Labs USA and its insurer Hartford filed a timely petition for reconsideration of the Findings of Fact and Award issued by the WCJ on December 22, 2025, challenging the employment status determination; the WCJ issued a Report and Recommendation to deny the petition, but the Appeals Board granted the petition in part and amended the Findings of Fact and Award.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCJ found applicant was employed by Avellino based on credible testimony and evidence, and defendants failed to rebut the presumption of employment under Labor Code section 3357. The Appeals Board affirmed this finding and amended the F&A to clarify the injury arose out of and in the course of employment under Labor Code section 3600.
From the decision · page 8Applicant's unrebutted credible testimony established that she worked for Avellino Labs USA. Avellino Labs USA was her employer at the time of injury. Defendants failed to rebut the Labor Code section 3357 presumption of employment. Defendants presented no evidence or witnesses on the issue. Whether or not applicant had a general and special employer at the time of injury is deferred. Applicant acknowledged being paid by Gava Talent Solutions.